# Housing society cannot evict flat owner, court rules in landmark case

2026-08-15T17:01:29+00:00 | Governance | Indian Opinion Desk

Corroboration: 1 independent outlet

The Maharashtra Co-Operative Appellate Court has cancelled a housing society's resolution to evict a resident whose restaurant caused noise disturbance, ruling that societies have no legal power to evict members. Advocate Amitraj Kaushal explained that eviction falls under state rent Acts, not cooperative law. A society can expel a member for bye-law violations under Section 35 with a three-fourths majority and Registrar confirmation, but cannot order anyone to vacate their own property. Pooja Rao Putrevu of Annex Legal said losing membership only removes the right to participate in decision-making, not property ownership. The society can enforce bye-laws equally, report unlawful conduct to authorities, and hold owners responsible for tenant violations, but cannot physically evict any resident. Owners and tenants retain their rights as residents even after expulsion.

## Coverage

- economictimes.indiatimes.com <https://economictimes.indiatimes.com/wealth/legal/will/housing-society-expels-member-by-passing-a-resolution-with-3/4-majority-can-it-force-the-resident-to-vacate-or-sell-the-flat/articleshow/133255325.cms>

This story was synthesised by AI from the source linked above.

Tags: Amitraj Kaushal, Maharashtra, Maharashtra Co-Operative Appellate Court, Supreme Court of India
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